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ESPOSITO v. NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY

305 A.D.2d 108 (2003)

760 N.Y.S.2d 18

RICHARD ESPOSITO, Appellant, v. NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY et al., Respondents. RICHARD ESPOSITO, Appellant, v. NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY et al., Defendants, and AMERICAN INTERNATIONAL GROUP, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 1, 2003.

The Labor Law § 240 (1) claim was properly dismissed; defendants showed that the work plaintiff was preparing to perform, though termed a repair of an air conditioning unit that was not functioning properly, involved only adjustments and replacements of small components, thus falling within the rule enunciated in Jehle v Adams Hotel Assoc. (264 A.D.2d 354 [1999]; see also Rowlett v Great S. Bay Assoc.,

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